The debtor's escape into alimony as a way for creditors?


Recently, a common phenomenon is the escape of debtors from enforcement, which consists in agreeing to very high alimony. These situations concern those who have legal income or intend to legalize it and are debtors at the same time.

The debtor's escape into alimony - benefits

Most often, the debtor's wife (although there are cases where actions are brought by husbands) sues him for maintenance for children and often also for himself. The indebted person agrees to charge him with maintenance in very high amounts. Typically, an amount is set so that, after considering the debtor's income, there is a remainder that is legally free from attachment. Unfortunately, the judicial authorities do not check what property the debtor or family actually has, so they automatically issue decisions in the amount requested by the spouse.

What can creditors do?

Unfortunately, in this situation, creditors are helpless, as the current law does not provide effective protection against maintenance abuses and does not ensure success in efforts, even if there is undisputed evidence of the debtor's deliberate actions. The remitter may not change or revoke the court's decision on the maintenance obligation of the debtor.
Article 300 of the Criminal Code provides that persons threatened with insolvency or bankruptcy may not seemingly encumber their assets. In this case, the creditor has to prove the appearance of the encumbrance, which is not easy, especially that the source of the encumbrance is a court settlement. Often, proving the facts of the case requires the involvement of an external entity. This is, of course, about a situation where the debtor still lives with his family and the family functions properly. Moreover, if the creditor is sufficiently mobilized and determined, he can refer to Art.83 of the Civil Code, which states that the declaration of intent submitted to the other party with its consent for appearances is invalid. However, it also requires the court to convince the court of the debtor's spouse's bad will. Both of the above solutions are extremely difficult to prove, but unfortunately they are the only ways for the creditor to have any chance of recovering the debt.